Report of Regents P-12 Education Committee to The Board of Regents

Your P-12 Education Committee held its scheduled meeting on June 15, 2015.  All members were present. 

ACTION ITEMS

Self-Administration of Certain Medications by Students [P-12 (A) 1]

Your Committee recommends that section 136.7 of the Regulations of the Commissioner of Education be added, as submitted, effective July 1, 2015, as an emergency action upon a finding of the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately adopt revisions to the proposed amendment in response to public comment, and to otherwise ensure that Chapter 423 of the Laws of 2014, relating to the self-administration of certain medications by students, is timely implemented pursuant to statutory requirements.

Instruction in Cardiopulmonary Resuscitation and the use of Automated External Defibrillators [P-12 (A) 2]

Your Committee recommends that pursuant to Education Law section 305(52)(c), as added by Chapter 417 of the Laws of 2014, the Board of Regents directs Department staff to file a Notice of Proposed Rule Making for purposes of receiving public comment on the proposed amendment of section 100.2(c)(11) of the Commissioner’s regulations to require hands-only instruction in cardiopulmonary resuscitation (CPR) and instruction in the use of automated external defibrillators (AEDs) in senior high schools.

Reimbursement for Preschool Special Education Itinerant Services [P-12 (A) 3]

Your Committee recommends that subparagraph (ix) of paragraph 2 of subdivision (f) of section 200.9 of the Regulations of the Commissioner of Education be amended as submitted, effective July 1, 2015, as an emergency action upon a finding of the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately adopt revisions to the proposed amendment relating to the reimbursement methodology for preschool Special Education Itinerant Services (SEIS) in response to public comment, and to otherwise ensure that the proposed amendment is timely implemented pursuant to statutory requirements.

School Receivership [P-12 (A) 4]

Your Committee discussed the proposed addition of section 100.19 of the Regulations of the Commissioner pertaining to school receivership, in order to implement Section 211-f of Education Law as added by Chapter 56 of the Laws of 2015.  The Committee discussed several recommendations for changes to the proposed regulations.  Following the Committee discussion, the original recommendation as presented failed for lack of a majority due to abstentions. Regent Brown made a motion to reconsider the recommendation and to add the proposed changes as agreed upon by Committee members.  The motion passed by a unanimous vote of all present (Regent Tallon was absent and excused).  A revised version of the proposed amendment will be presented to the Full Board for approval at the June 16, 2015 meeting and is also included as an attachment to this Committee Report.

Annual Professional Performance Reviews of Classroom Teachers and Building Principals [P-12 (A) 5]

The Committee discussed changes to and clarifications of Department recommendations relating to the Annual Professional Performance Reviews of Classroom Teachers and Building Principals, in response to field feedback following the May Board of Regents meeting. All members were present, and Chancellor Tisch also attended the meeting.

A motion was made by Regent Finn to change the method of presentation to address the points made in the June 2 Position Paper, as submitted by seven members of the Board of Regents, as the points come up in the discussion.  The motion failed by a vote of 7-9 (Regents Rosa, Cashin, Chin, Johnson, Finn, Ouderkirk and Collins voted in favor; Regents Young, Tallon, Bottar, Tilles, Cottrell, Brown, Norwood, Bendit and Cea voted against). 

Following the Department’s presentation, the Committee discussed the issues and corresponding amendments proposed in the June 2 Position Paper.

The Committee discussed the hardship waiver proposed by the Department and the proposal in the Position Paper to delay implementation of the APPR until September 1, 2016 and allow districts to submit a letter of intent by November 15, 2015 indicating how they will utilize the time to review/revise their current APPR plan.  A motion was made by Regent Brown to modify the hardship waiver process proposed by the Department to allow districts to receive a waiver for a four-month renewable period rather than a two-month period, and as so modified, to approve the Department’s hardship waiver recommendation. This motion was passed unanimously.  Additional comments were made that there should be no cap on the number of districts that can participate and that an accounting should be made of all districts that apply, which  were rejected and why they were rejected. The Department’s recommendation was to require districts to demonstrate good faith efforts to negotiate a new APPR plan consistent with Education Law §3012-d and train staff in the new procedures prior to November 15, 2015, with no cap on the number of districts that may be granted a waiver.

The Committee also discussed the proposal in the Position Paper to convene a workgroup of experts and practitioners to construct an accountability system that reflects research and identifies the most effective practices and the corresponding language in the Department’s proposed new §30-3.1(e) that would require the convening of an assessment and metrics workgroup, comprised of stakeholders and experts in the field, to provide recommendations to the Board of Regents on assessments and metrics that could be used for annual professional performance reviews in the future.  A motion was made by Regent Johnson to amend the language of §30-1.3(e) to replace the word “metrics” with “evaluation” so the workgroup would become an assessment and evaluation workgroup.  This motion passed unanimously.

The Committee also discussed the proposal in the Position Paper to have the optional second student growth subcomponent using local measures weighted at 80% of the student performance category and the mandatory State growth subcomponent using a growth measure on a State test weighted at 20% and the Department’s proposal to weight the growth measure on a State test at 80% and the optional second subcomponent at 20% if the locally selected second measure involves additional standardized tests and to weight the mandatory State growth subcomponent at a minimum of 50% and the optional second student growth subcomponent at no more than 50% if such optional second student growth subcomponent does not involve an additional standardized assessment.  A motion was made by Regent Brown to modify the Department’s proposed regulation to weight the mandatory State growth subcomponent at a minimum of 50% and the optional second student growth subcomponent at no more than 50%.  The motion passed by a vote of 11-6 in favor (Regents Cashin, Chin, Rosa, Collins, Ouderkirk, Johnson opposed).

A motion was made by Regent Bendit to approve the proposed Regulations set forth in the Department’s recommendation as stated on page 12 of the Regents item (see below for original language from page 12 of the Regents item), as amended by your Committee’s prior motions.  The motion passed by a vote of 11-6 in favor (Regents Rosa, Johnson, Ouderkirk, Collins, Cashin and Chin opposed).  An amended version of the Regents items is included as an attachment to this Committee report. 

Your Committee recommends that the Title of Subpart 30-2, subdivisions (b) and (d) of section 30-2.1, subdivision (c) of section 30-2.11 and addition of a new Subpart 30-3 of the Rules of the Board of Regents be added, as submitted, effective June 23, 2015, as an emergency action upon a finding by the Board of Regents that such action is necessary for the preservation of the general welfare in order to timely implement the provisions of Subpart E of Part EE of Chapter 56 of the Laws of 2015 relating to a new annual evaluation system for classroom teachers and building principals and thereby ensure that school districts and BOCES may timely implement the new evaluation requirements for classroom teachers and building principals in accordance with the statute.

Revision to a Charter Authorized by the Chancellor of the NYCDOE – Bronx Global Learning Institute for Girls Charter School [P-12 (A) 6]

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the charter revision for the Bronx Global Learning Institute for Girls Charter School as proposed by the Chancellor of the New York City Department of Education, and amends the provisional charter accordingly. 

Revision to a Charter Authorized by the Chancellor of the NYCDOE – PAVE Academy Charter School [P-12 (A) 7]

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the request to revise the charter is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the request to revise the charter would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the charter revision for the PAVE Academy Charter School as proposed by the Chancellor of the New York City Department of Education, and amends the provisional charter accordingly.

Charter Renewal Recommendations for Charters Authorized by the Chancellor of the New York City Department of Education (NYCDOE) [P-12 (A) 8]

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the renewal application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the renewal application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Achievement First Endeavor Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2020.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the renewal application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the renewal application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Community Roots Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2020.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the renewal application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the renewal application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the International Leadership Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2020.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the renewal application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the renewal application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the New York Center for Autism Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2015.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the renewal application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the renewal application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the New York Center for Autism Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2020.

Your Committee recommends that the Board of Regents finds that: (1) the charter school meets the requirements set out in Article 56 of the Education Law, and all other applicable laws, rules and regulations; (2) the charter school can demonstrate the ability to operate in an educationally and fiscally sound manner; (3) granting the renewal application is likely to improve student learning and achievement and materially further the purposes set out in subdivision two of section twenty-eight hundred fifty of Article 56 of the Education Law; and (4) granting the renewal application would have a significant educational benefit to the students expected to attend the charter school, and the Board of Regents therefore approves and issues the renewal charter of the Renaissance Charter School as proposed by the Chancellor of the New York City Department of Education, and that its provisional charter be extended for a term up through and including June 30, 2019.

MOTION FOR ACTION BY FULL BOARD

Madam Chancellor and Colleagues: Your P-12 Education Committee recommends, and we move, that the Board of Regents act affirmatively upon each recommendation in the written report of the Committee's deliberations at its meeting on June 16, 2015, copies of which have been distributed to each Regent. 

MATTERS NOT REQUIRING BOARD ACTION

Phase-in of the Common Core Regents Examinations [P-12 (D) 1] – the Committee was provided with an update on the phase-in of the Common Core Regents Exams and on the first administration of the Regents Exam in Geometry (Common Core) in June 2015.  Continuing with the roll-out of the new high school exams measuring the CCLS, the Regents Exam in Geometry (Common Core) was administered for the first time on June 2, 2015. For the June 2015, August 2015, and January 2016 administrations only, students receiving Geometry (Common Core) instruction may, at local discretion, take the Regents Examination in Geometry (2005 Learning Standards) in addition to the Regents Examination in Geometry (Common Core). If students take the old Regents Exam in addition to the new Regents Exam, the higher of the two scores may be used for local transcript purposes, and will be used for institutional accountability for the 2014-15 and 2015-16 school year results. In addition, such students may meet the mathematics exam requirement for graduation by passing either of these exams. A standard setting for the Regents Exam in Geometry (Common Core) will be conducted with the help of 27 New York State educators, who are representative of the State. During the standard setting, the field experts will make judgements about the content that students at various performance levels should know and make recommendations on the cut scores for these levels. 

Consent Agenda

The Board of Regents will take action on the following consent agenda items at their June 16, 2015 meeting.

• Advanced Designation Diploma and Pathway Requirements
• Student Enrollment
• Petition of the Stockbridge Valley Central School District for Consent to Exceed the Constitutional Debt Limit
• New York State’s School and District Accountability System
• Registration of Public Schools
• Units of Study and Provision of Credits for English as a New Language and Native Language Arts